Action brought on 3 December 2007 - Rotter v OHIM (EU-BRUZZEL)

(Case T-449/07)

Language in which the application was lodged: German

Parties

Applicant: Thomas Rotter (Munich, Germany) (represented by M. Müller, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Form of order sought

To annul the decision of the Fourth Board of Appeal of OHIM of 27 September 2007 in Case R 1415/2006-4;

To order OHIM to pay the costs of the proceedings including those incurred during the appeal proceedings.

Pleas in law and main arguments

Community trade mark concerned: the three-dimensional mark 'EU-BRUZZEL' for goods and services in Classes 29, 30 and 43 (application No 4 346 185).

Decision of the Examiner: rejection in part of the application.

Decision of the Board of Appeal: dismissal of the appeal.

Pleas in law: infringement of Article 7(1)(b) of Regulation (EC) No 40/94, ¹ since the mark applied for is distinctive in relation to the contested charcuterie goods.

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¹ - Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).